From: BRED100W@WONDER.EM.CDC.GOV
Subject: Press Release--Hawaii Marriage Project
Date: Mon, 11 Dec 95 14:51:00 EST
h.e.r.m.p.
The Hawaii Equal Rights Marriage Project
FOR IMMEDIATE RELEASE For more information contact:
Mark Breda, media chair
phone (808) 942-3737
pager (808) 544-7896
In May of 1993, Hawaii's Supreme Court became the first in the nation to rule
that unless the state could produce a "compelling state interest" for refusing
marriage licenses to same-gender couples, the licenses must be issued.
On December 6, 1995, Hawaii again made history when the seven-member
Commission on Sexual Orientation and the Law, formed by legislative mandate,
released its final report recommending to the legislature that full marriage
rights be granted. "Never before has there been a state commission mandated by
a state legislature and appointed by a governor that has recommended full
marriage rights for same-gender couples," says Attorney Dan Foley, who
represents the plaintiffs in Baehr v. Lewin, the same-gender marriage case
scheduled to be heard again in Hawaii's circuit court in July of 1996. "In
fact," adds commission member Robert Stauffer, "it's the first time in any
jurisdiction that a body has come together and agreed to the legal benefits of
marriage."
The report reinforces the idea that the burden for justifying discrimination
is on the discriminators, and examines more than 450 rights and benefits now
with held from same-gender couples. One example is a spouse's right to make
decisions concerning a deceased partner's burial. If that right were denied a
legally married partner, a suit valued at hundreds of thousands of dollars
could result. Consequently, Stauffer points out, the combined financial loss
alone to each same-gender couple could total in the millions.
The minority report, authored by two members of the commission, puts forth
moral reasons as a compelling interest to justify denying marriage licenses to
same-gender couples. However, the five-member majority points out, the
commission heard testimony from churches on both sides of the issue, and since
the U.S. Constitution guarantees both freedom of religion and the separation
of church and state, all churches should have the right to refuse to recognize
or to consummate a same-gender union. A copy of the report is available on
request from the state legislative reference bureau; call 808-587-0666.
HERMP is a non-profit organization dedicated to securing full marriage rights
for gay and lesbian couples in Hawaii. Inquiries during regular business hours
should be addressed to (808) 942-3737; weekend calls or those before 9 a.m. or
after 5 p.m. Pacific Standard Time should be directed to (808) 544-7896.